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HIMELEIN v. FRANK

141 Misc.2d 416 (1988)

Larry M. Himelein, as Cattaraugus County District Attorney, Plaintiff, v. John B. Frank, Defendant. State of New York, Proposed Intervenor.

Supreme Court, Cattaraugus County.

September 15, 1988

Attorney(s) appearing for the Case

Mark Wattenberg for defendant. Larry M. Himelein, plaintiff pro se. Robert Abrams, Attorney-General (Paul F. McCarthy of counsel), for proposed intervenor.

EDWARD M. HOREY, J.

The motion before the court is brought by the defendant. It seeks the dismissal of a forfeiture action brought under CPLR article 13-A by Larry M. Himelein as District Attorney of Cattaraugus County, New York.

Because of the possible involvement of constitutional issues the court ordered notice to be given to the Attorney-General, who appeared in the action in support of the District...

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